Deck 5: Crimes Against the Person: Assault and Other Offenses

Question 1

The unlawful taking away of personal property from a person by violence or by threat of violence that causes fear is the crime of

A) Theft by unlawful taking
B) Robbery
C) Aggravated larceny
D) theft and harassment

Answer 1

B

Question 2

What distinguished robbery from other property crimes?

A) The value of the theft
B) The presence of the victim at the time of the theft
C) The violent, forcible and confrontational nature of the act
D) The verbal interaction between victim and offender

Answer 2

C

Question 3

The crime of robbery came be viewed as a combination of what two other crimes?

A) Theft and harassment
B) Theft and terroristic threatening
C) Theft and assault
D) Larceny and kidnapping

Answer 3

C

Question 4

Which of the following is not an element of the crime of robbery?

A) Theft by taking
B) Either attempted or actually occurring
C) By force
D) Only with a gun capable of being discharged

Question 5

"Causing the crime victim to be in fear of real and immediate bodily injury" is one of the criteria for what element of the crime of robbery?

A) Force
B) Bodily injury
C) Taking
D) Harassment

Question 6

In order to determine if threats, assaultive words, or aggressive motions are sufficient to sustain a robbery charge, the court use what standard?

A) Relativity reliance theory
B) Reasonable person standard
C) Individualized perceptions standard
D) Sufficiency of force standard

Question 7

Which of the following is a defense strategy for the crime of robbery?

A) The victim did not fight back
B) The offender never inflicted injury on the victim
C) The offender did not use words that indicated a robbery
D) Was the force insufficient for robbery

Question 8

What type of intent is required for the crime of kidnapping?

A) General intent
B) Specific intent
C) Limited
D) Wanton intent

Question 9

In order to prove the crime of kidnapping, the prosecution must show which of the following about movement?

A) There must be some movement (asportation) from one place to another
B) No movement is required, just the unlawful confinement of another
C) Restricting ones freedom of movement with moving from one place to another
D) Movement is not an element of kidnapping

Question 10

In order to offer proof of the one of the elements of the crime of kidnapping, which of the following is required?

A) Motive
B) The kidnapping occurred for an unlawful purpose
C) Must take one across state lines
D) The kidnapping occurred for a "grave and serious purpose"

Question 11

Kidnapping has a (an) _____________ that most felonies do not possess, in that the offense rests on other offenses.

A) Stand alone quality
B) Precursor element
C) Strict evidentiary element
D) Evolutionary and piggyback quality

Question 12

For the purpose of the crime of kidnapping which of the following is sufficient to establish the element of force?

A) Physical force
B) Intimidation
C) Fraud or deception
D) All of the above

Question 13

The model Penal Code defines _________ as knowingly restraining another unlawfully so as to interfere substantially with his liberty.

A) False imprisonment
B) Kidnapping
C) Custodial Interference
D) Unlawful taking of another

Question 14

What is the mental state for the crime of false imprisonment?

A) Intentionally
B) Knowingly
C) Wantonly
D) Recklessly

Question 15

What is the major difference between kidnapping and false imprisonment?

A) Kidnapping must have motive, false imprisonment does not
B) Kidnapping involves strangers, false imprisonment involves acquaintances
C) Kidnapping involves a greater level of violence and force than in false imprisonment
D) The crimes are interchangeable, just semantic differences

Question 16

What is the crime of custodial interference?

A) Kidnapping a child
B) The taking of a child, in violation of an existing court order or decree, and without the privilege or right to do so
C) The taking of a child without the privilege or right to do so
D) Kidnapping a child without force

Question 17

Which of the following is a defense to crime of custodial interference?

A) The court order was currently in effect
B) The taker does not intend to harm the child
C) No force was used
D) The taker is related to the child

Question 18

Generally, what is the minimum amount of injury is required to meet the requirement for the crime of assault (except under the Model Penal Code)?

A) Touching no matter how insignificant
B) An injury that has pathological or medical substance
C) Insults and baseless threats
D) Words indicating a threat even if the threat cannot be reasonably carried out

Question 19

What is the requisite mental state for the crime of assault?

A) Specific intent for all degrees of assault
B) Intentional for all degrees of assault
C) Intentional for high degrees of assault, and knowingly for lower degrees
D) Accidental circumstances is sufficient

Question 20

Under the Model Penal Code which of the following circumstances will be sufficient to meet the requirement s for the violation of the crime of assault?

A) An attempt to physically menace another
B) Touching that does not produce a physical injury for medical purposes
C) Minor injury, however slight
D) All of the above

Question 21

Which of the following is consistent with the crime of aggravated assault?

A) Serious bodily injury with a weapon or deadly instrument
B) Acting out of ordinary indifference to human life
C) The mental state required is intentional
D) Acts with general intent

Question 22

Which of the following is a defense strategy for the crime of aggravated assault?

A) The offender acted recklessly
B) The offender acted out of self-defense
C) The offender acted out of mistake
D) There are no defenses due the comprehensive nature of the statutes

Question 23

The crime of mayhem requires which of the following unique elements?

A) A riotous situation
B) An intended aggravated assault that accidentally results in death
C) The removal, excision, or destruction of a bodily appendage
D) Beheading a person

Question 24

Which of the following is a common element for the crime of harassment?

A) Spitting on a victim
B) Physical harm requiring medical attention
C) The verbal threat must occur on a telephone
D) Repetitive acts that alarm the target of the harassment

Question 25

Which of the following conduct is a typical event that can qualify as harassment?

A) Obscene phone calls that are demonstrably offensive
B) Verbal sexual harassment on the job
C) A single verbal threat to do bodily injury to another
D) Cursing at someone at an athlete at a sporting event

Question 26

What is the level of intent required for the crime of terroristic threatening?

A) Specific intent
B) General intent
C) Limited intent
D) No intent is required

Question 27

The crime terroristic threatening has been created by legislatures to cover what specific circumstances?

A) Threats made by international terrorist groups
B) Threats against a victim that are carried out
C) Threats of violence or harm that do not involve touching or injury
D) Domestic violence cases

Question 28

The carrying away of property, without claim or right, is known as:

A) Abduct
B) Transportation
C) Robbery
D) Asportation

Question 29

Violence committed by one family or household member against another may result in the following charges:

A) Domestic violence
B) Simple assault
C) Assault and Battery
D) All of the Above

Question 30

Hate crimes suffer from constitutional challenges based on what theory?

A) 8^th Amendment
B) 10^th Amendment
C) 14^th Amendment
D) All of the above

Question 31

What is an example of a possible motivation for kidnapping?

A) Insanity
B) Pyromania
C) Sexual
D) All of the above

Question 32

What is the primary distinguishing characteristic in the crime of false imprisonment as compared to kidnapping?

A) Involuntary solitude
B) Level of intentionality
C) Threat of violence
D) Geographic displacement

Question 33

An attempt to commit robbery results in the offender being charged with the offense of robbery.

Question 34

Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, by means of force or fear?

Question 35

The offender must possess and show a weapon in order to have the offense of robbery.

Question 36

Hurling words and insults are sufficient to prove robbery when combined with the taking of property from another.

Question 37

A person who is incapacitated or incapable of carrying out threats of force during the act of robbery may not be charged with robbery.

Question 38

If a person forcibly takes property from an unconscious person is guilty of robbery.

Question 39

A crime of actuality and\or potentiality makes plausible any reasonable argument threats of imminent and immediate harm are equally compelling in the proof of force for the crime of robbery.

Question 40

Proof of motive is a necessary element for the crime of kidnapping.

Question 41

Sexual activity without consent is one of the rationales for the element of taking someone for an unlawful purpose in the crime of kidnapping.

Question 42

Kidnapping facilitates the commission of underlying offenses.

Question 43

Movement, in order to qualify under kidnapping schemes, must be sufficiently independent on the underlying felony.

Question 44

If an element of force in kidnapping is missing there are no lower level offenses to charge.

Question 45

It is not the prosecution's responsibility to explain the motivation of the kidnapper since the state of mind can be inferred from the facts and the acts of the defendant.

Question 46

The level of force for the crime of false imprisonment is the same as that for kidnapping.

Question 47

Custodial interference is knowingly or recklessly taking a child in violation of a court order, without right, claim or privilege.

Question 48

It is not a defense to custodial interference that the actor believed that his action was necessary to preserve the child from danger to its welfare.

Question 49

At common law assault was distinguished from battery but nearly every state has merged the two offenses under the offense of assault.

Question 50

Under the Model Penal Code for the crime of aggravated assault, the offender must inflict serious bodily injury.

Question 51

The "taking" in theft is identical to the "taking" in robbery.

Question 52

A victim who is unconscious or in a coma, unaware of the taking, cannot be robbed.

Question 53

Without movement, or geographic displacement, a kidnapping can still occur.

Question 54

A person can commit assault with a feather.

Question 55

A bar room brawl typically results in simple assault charges unless injuries are substantial.

Question 56

Probable cause can be defined as reasonable grounds to conclude that certain facts and circumstances are true.

Question 57

Calling someone infrequently and erratically with obscene telephone calls can qualify as harassment.

Question 58

Stalking is generally as singular action by one following another.

Question 59

Harassment is rarely witnessed in estranged relationships.

Question 60

The line between kidnapping and false imprisonment is closer than most people realize.

Question 61

What level of force is required the crime of robbery?

Question 62

What are the elements?

Question 63

What are the primary motivations for the unlawful purpose associated with kidnapping?

Question 64

What level of movement of the victim is required for the crime of kidnapping?

Question 65

What level of force is required for the crime of kidnapping?

Question 66

What are the lesser included offenses for the crime of kidnapping?

Question 67

What are the elements of the crime of custodial interference?

Question 68

Custodial interference laws are enacted to protect whom?

Question 69

What are the elements of the crime of assault?

Question 70

What are the other offenses include personal assaultive behavior but lack the element of physical injury?

Question 71

What is the crime of stalking?